17.07.2014 Views

Full guide to Consultancy Policy May 2006 Page 1 - University of ...

Full guide to Consultancy Policy May 2006 Page 1 - University of ...

Full guide to Consultancy Policy May 2006 Page 1 - University of ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 1


CONSULTANCY POLICY<br />

AT THE<br />

UNIVERSITY OF SOUTHAMPTON<br />

PRC Approved version – Mar06<br />

Version 1.3<br />

Issued on behalf <strong>of</strong> the Enterprise and Innovation <strong>Policy</strong> Committee<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 2


CONTENTS<br />

section<br />

FOREWORD BY THE VICE CHANCELLOR 3<br />

EXECUTIVE SUMMARY 4<br />

1.0 INTRODUCTION 6<br />

1.1 Document layout and conventions<br />

1.2 Principles<br />

2.0 OVERALL POLICY 8<br />

2.1 Types <strong>of</strong> consulting channels<br />

2.2 Consulting Channel – which is appropriate?<br />

2.3 Eligibility <strong>to</strong> consult – background<br />

2.4 Eligibility <strong>to</strong> consult – job categories<br />

2.5 Consent from Head <strong>of</strong> School<br />

2.6 Reward and remuneration<br />

2.7 Related policies and evolution<br />

2.8 One-page <strong>Consultancy</strong> <strong>Policy</strong> Summary (tables) 11<br />

3.0 PRIVATE CONSULTING POLICY 12<br />

3.1 Introduction and outline<br />

3.2 Consent and eligibility<br />

3.3 Commercial<br />

3.4 Additional notes <strong>of</strong> guidance<br />

4.0 SCHOOL-BASED CONSULTING POLICY 15<br />

4.1 Introduction and outline<br />

4.2 Consent and eligibility<br />

4.3 Commercial<br />

4.4 Financial and remuneration<br />

5.0 UNIT-BASED CONSULTING POLICY 16<br />

5.1 Introduction and outline<br />

5.2 Consent and eligibility<br />

5.3 Commercial<br />

5.4 Financial and Remuneration<br />

6.0 SERVICE COMPANY-BASED CONSULTING POLICY 17<br />

6.1 Introduction and outline<br />

6.2 Eligibility and consent<br />

6.3 Commercial<br />

6.4 Financial and remuneration<br />

APPENDICIES<br />

APPENDIX I – HEAD OF SCHOOL/DIRECTOR OF PROFESSIONAL SERVICES<br />

CONSENT<br />

APPENDIX II – DISCALIMER FOR PRIVATE CONSULTING 22<br />

APPENDIX III – CONSULTING CHANNEL OPTIONS (SCHEMATIC) 23<br />

APPENDIX IV – INTERIM DEVELOPMENT NOTES 24<br />

page<br />

19<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 3


FOREWORD BY THE VICE CHANCELLOR<br />

Enterprise at the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n:<br />

<strong>Consultancy</strong> fits within our enterprise agenda which has developed <strong>to</strong> a point where the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n is<br />

seen as being in the vanguard in many areas <strong>of</strong> enterprise activity.<br />

Why should we engage with the enterprise agenda?<br />

The answer is not simply financial but relates <strong>to</strong> our aspirations as an institution. In that sense enterprise is not in<br />

conflict with our activities in research and education but is supportive <strong>of</strong> those activities. The degree <strong>of</strong> enthusiasm for<br />

enterprise will be dependent on discipline, stage in career, personal goals etc. Nevertheless, here are the ten reasons<br />

why collectively and as an institution we would wish <strong>to</strong> engage with the enterprise agenda.<br />

A major , distinctive and well-resourced <strong>University</strong>.<br />

• Support aspiration <strong>to</strong> be a world-leading <strong>University</strong> (thought leadership and cross<br />

disciplinary programmes are characteristics <strong>of</strong> such Universities e.g., Stanford, MIT).<br />

• Differentiate <strong>University</strong> in a crowded higher education marketplace by becoming a<br />

recognised regional/national leader <strong>of</strong> the Enterprise Agenda, thus enhancing its visibility<br />

and reputation<br />

• Income generation for staff, Schools and <strong>University</strong>.<br />

• Build closer links with the commercial world, notably industry (leading <strong>to</strong> greater<br />

opportunities for contract research, consultancy and sponsorship).<br />

High quality staff and students in an environment o f opportunity.<br />

• Support staff recruitment (attraction <strong>of</strong> entrepreneurial culture & potential <strong>to</strong> engage in enterprise<br />

activity).<br />

• Support staff retention (increase rewards <strong>to</strong> staff & strengthen links between entrepreneurial staff and<br />

locality).<br />

• Support student recruitment (attraction <strong>of</strong> entrepreneurial culture & ability <strong>to</strong> gain entrepreneurial<br />

skills and increase employability).<br />

• Provision <strong>of</strong> additional facilities and opportunities for staff and students through both spin-out and<br />

spin-in activities.<br />

Making a national contribution.<br />

• Strengthen links between the <strong>University</strong> and the wider economy (lead the enterprise agenda in SE<br />

region).<br />

• Economic benefits <strong>to</strong> the nation (knowledge economy) that align with Government agenda for higher<br />

education.<br />

Consulting supports many <strong>of</strong> the above aims. The <strong>University</strong> seeks <strong>to</strong> encourage high value/high quality consulting<br />

activities as an important contribution <strong>to</strong> the enterprise agenda.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 4


EXECUTIVE SUMMARY<br />

Source <strong>of</strong> reference<br />

<strong>Consultancy</strong> forms an important part <strong>of</strong> the Enterprise agenda and this policy provides a single source <strong>of</strong> reference.<br />

This summary provides an outline. Please refer <strong>to</strong> the core policy for concise policy description.<br />

Consulting Channels<br />

The policy sets out the four channels through which consulting may be conducted namely:<br />

• Private consulting – where a member <strong>of</strong> staff consults on their own without the involvement <strong>of</strong> the <strong>University</strong><br />

and where revenue flows directly <strong>to</strong> the academic.<br />

… and three <strong>University</strong>-based channels:<br />

• School-based consulting/services rendered – where a member <strong>of</strong> staff consults in co-operation with the<br />

School.<br />

• Unit-based consulting – where there is an existing Industrial or Consulting Unit through which the consultancy<br />

activity is managed.<br />

• Service company-based consulting – which is new and intended <strong>to</strong> help promote new and untapped areas <strong>of</strong><br />

expertise. This is an approach delivered through the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n Consulting Ltd (UoSC). This<br />

is a wholly owned subsidiary <strong>of</strong> UoS Holdings Ltd.<br />

The value <strong>of</strong> established consulting through both private and university-based channels is recognised as a valuable<br />

contribution <strong>to</strong> the standing <strong>of</strong> the <strong>University</strong>.<br />

Balance<br />

This policy seeks <strong>to</strong> strike a practical balance between prescriptive policy and guidance, and the freedom <strong>of</strong> Heads <strong>of</strong><br />

School <strong>to</strong> exercise judgement on what is appropriate for their particular school circumstances.<br />

The scope <strong>of</strong> consulting<br />

Consulting is defined as part <strong>of</strong> knowledge transfer, and arises where knowledge and expertise can be deployed<br />

successfully for financial and other forms <strong>of</strong> benefit. This may include a range <strong>of</strong> consulting activities such as the<br />

delivery <strong>of</strong> non-award bearing CPD. Consulting does not include:<br />

• The creation <strong>of</strong> knowledge (i.e. research) – activities operated under the heading <strong>of</strong> consultancy cannot<br />

normally qualify for RAE<br />

• The dissemination <strong>of</strong> primary knowledge (i.e. education) – core teaching or teaching related activities in<br />

relation <strong>to</strong> any award bearing programme.<br />

Consent<br />

All consulting activity through all channels must be reviewed and receive prior consent from the appropriate Head <strong>of</strong><br />

School or Direc<strong>to</strong>r <strong>of</strong> Pr<strong>of</strong>essional Services <strong>to</strong> observe policy requirements on aspects such as:<br />

• Eligibility (this varies according <strong>to</strong> staff category)<br />

• Consulting channel (different commercial rules apply)<br />

• Risk (<strong>to</strong> safeguard <strong>University</strong> and staff interests)<br />

This policy draws a distinction between those members <strong>of</strong> staff who:<br />

• <strong>May</strong> consult directly and contract with a client <strong>to</strong> do consultancy work through eligible channels and,<br />

• Those who may assist in consultancy activities but may not agree contracts with clients.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 5


Eligibility<br />

The policy governing the eligibility <strong>to</strong> consult has been revised and extended. In summary for Staff in the Education,<br />

Research and Enterprise (ERE) job family:<br />

• Academic staff may engage in consultancy under the so-called 30-day rule through any <strong>of</strong> the four valid<br />

channels<br />

• Research and teaching staff may also consult under the so-called 30-day rule subject <strong>to</strong> some additional<br />

criteria, and<br />

• Enterprise staff (including those employed in industrial or advisory units) may <strong>of</strong> course engage in consulting<br />

if they have been employed in consulting roles, this is part <strong>of</strong> their normal duties. Normally they may only do<br />

so through the Unit-based consulting channel <strong>of</strong> the unit <strong>to</strong> which they belong.<br />

Outside the ERE family, staff at level 4 or above may, with advance permission use up <strong>to</strong> 15 days <strong>of</strong> their paid annual<br />

leave for external private consultancy. Staff at or below level 3 may assist.<br />

Related Policies and Evolution<br />

This policy co-exists with other relevant policies including those covering conflict <strong>of</strong> interest and full economic costing<br />

<strong>to</strong> which you are referred.<br />

Against a background <strong>of</strong> changing priorities, opportunities and risks, the <strong>University</strong> will keep this policy under review<br />

via the Enterprise and Innovation <strong>Policy</strong> Committee in order <strong>to</strong> maintain and promote:<br />

• The best interest <strong>of</strong> staff and the <strong>University</strong>,<br />

• Appropriate management <strong>of</strong> risks and,<br />

• Clear and appropriate governance and eligibility rules.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 6


1.0 INTRODUCTION<br />

1.1 Document Layout and Conventions<br />

Layout<br />

This main column describes the core policy. The column <strong>to</strong> the right provides<br />

additional notes <strong>of</strong> guidance or clarification where appropriate.<br />

A number <strong>of</strong> conventions and abbreviations have been adopted <strong>to</strong> try <strong>to</strong> make the<br />

document easier <strong>to</strong> assimilate and avoid complex and repetitive text. The use <strong>of</strong> these<br />

conventions, in italics (e.g. Consultant), forms part <strong>of</strong> the core policy.<br />

Consent and approval [HoS/DoPS]<br />

Approval <strong>to</strong> consult in all cases is subject <strong>to</strong> the consent and guidance <strong>of</strong>:<br />

Notes <strong>of</strong> clarification and<br />

guidance<br />

• The Head <strong>of</strong> School – for staff employed with a school, including pr<strong>of</strong>essional<br />

service categories<br />

• The Direc<strong>to</strong>r <strong>of</strong> Pr<strong>of</strong>essional Service – for Pr<strong>of</strong>essional Services staff employed<br />

within (central) pr<strong>of</strong>essional services function.<br />

Heads <strong>of</strong> School and above must seek consent from their Dean or the Vice-Chancellor<br />

and Direc<strong>to</strong>r <strong>of</strong> Pr<strong>of</strong>essional Services from the Secretary and Registrar.<br />

By convention the abbreviation HoS/DoPS will be used <strong>to</strong> describe the above.<br />

Staff categories eligibility <strong>to</strong> consult [Consultant]<br />

The full policy describing which staff categories may consult are set out in sections 2.4<br />

and 2.5. The (abbreviated) term Consultant will be used <strong>to</strong> mean any eligible staff<br />

member who seeks <strong>to</strong>, or is engaged in consulting activity.<br />

The 30-day rule [30-day rule/15 day rule]<br />

<strong>Policy</strong> permits some staff categories <strong>to</strong> consult up <strong>to</strong> a maximum 30 days in <strong>to</strong>tal across<br />

all permitted channel types. A similar rule applies <strong>to</strong> other staff members for whom the<br />

maximum is 15 days for permitted channels. This rule will be abbreviated <strong>to</strong> the 30-<br />

day rule or the 15 day rule respectively.<br />

<strong>Full</strong> Economic Cost [FEC]<br />

<strong>Full</strong> economic costing is being introduced throughout the <strong>University</strong> under the guidance<br />

<strong>of</strong> the <strong>University</strong>’s Direc<strong>to</strong>r <strong>of</strong> Finance. The deployment <strong>of</strong> <strong>Consultancy</strong> <strong>Policy</strong> will be<br />

governed under the rules <strong>of</strong> full economic costing. This rule will be abbreviated <strong>to</strong> the<br />

under FEC. No dispensation or variation <strong>to</strong> full economic costing is allowed for in this<br />

policy document.<br />

1.2 Principles<br />

A single source <strong>of</strong> guidance<br />

There is already a considerable body <strong>of</strong> consulting activity around the <strong>University</strong> and<br />

this will be recognised as we consider how <strong>to</strong> proceed. This document will be agreed<br />

by the appropriate policy committees and will be the prime source for policy.<br />

Balance<br />

This policy seeks <strong>to</strong> strike a practical balance between prescriptive policy and guidance,<br />

and the freedom <strong>of</strong> Heads <strong>of</strong> School <strong>to</strong> exercise judgement on what is appropriate for<br />

their particular school circumstances.<br />

What is consulting? … and what is not?<br />

Consulting is defined as part <strong>of</strong> knowledge transfer, and arises where knowledge and<br />

expertise can be deployed successfully for financial and other forms <strong>of</strong> benefit. This<br />

may include a range <strong>of</strong> consulting activities including the delivery <strong>of</strong> non-award bearing<br />

CPD.<br />

Generally the 30-day rule<br />

applies <strong>to</strong> certain ERE<br />

categories <strong>of</strong> staff whereas the<br />

15-day rule applies <strong>to</strong> certain<br />

pr<strong>of</strong>essional service categories<br />

<strong>of</strong> staff.<br />

Not all staff are permitted <strong>to</strong><br />

consul t via all channels.<br />

Any variations sought or<br />

approved mus t be deal t with<br />

though the finance function or<br />

under finance policy.<br />

The time is right <strong>to</strong> summarise<br />

all existing policy and <strong>guide</strong>lines<br />

and explain changes <strong>to</strong> support<br />

the way forward.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 7


Consulting does not include:<br />

• The creation <strong>of</strong> knowledge (i.e. research) – activities operated under the<br />

heading <strong>of</strong> consultancy cannot normally qualify for RAE<br />

• The dissemination <strong>of</strong> primary knowledge (i.e. education) – core teaching or<br />

teaching related activities in relation <strong>to</strong> any award bearing programme.<br />

Consulting channels – defining between whom is work contracted<br />

Clarity on this is important for consequences related <strong>to</strong> commercial, legal and risk<br />

management.<br />

This policy adopts channel headings <strong>to</strong> differentiate between who consults with whom<br />

<strong>to</strong> clarify relationships and consequences. Each embodies variations on the overall<br />

policy. The four channel headings are:<br />

• Private-based consulting (existing)<br />

• School-based consulting (existing)<br />

• Unit-based consulting (existing)<br />

• Service company-based consulting (new)<br />

These are described in more detail in sections following.<br />

Eligibility and who may consult<br />

Under previous policy, and subject <strong>to</strong> appropriate head <strong>of</strong> school consent, consulting<br />

was permitted for academic members <strong>of</strong> staff. Under this new policy, and subject <strong>to</strong><br />

certain conditions, eligibility has been extended <strong>to</strong> additional categories <strong>of</strong> staff who<br />

may consult via university-based channels, namely:<br />

• Research and education staff in the ERE job at level 4 and above under the<br />

30-day rule<br />

• Non-ERE staff at level 4 and above taken from annual leave 15-day rule<br />

Why consult?<br />

To engage in consulting is clearly optional. Successful and beneficial consulting will<br />

contribute <strong>to</strong> the achievement <strong>of</strong> the <strong>University</strong>’s strategic plan. Specific benefits may<br />

support and enhance thought leadership, provide contact with the commercial world<br />

and provide revenue for university and staff <strong>to</strong> name but a few.<br />

Through the pursuit <strong>of</strong> so called “social enterprise”, consultancy may be deployed for<br />

social or environmental benefits and may also provide rewarding opportunities.<br />

The remaining sections describe the overall policy followed by more detailed and<br />

channel-specific sections thereafter.<br />

The <strong>to</strong>tal number <strong>of</strong> staff who<br />

may now consult is significantly<br />

increased . <strong>Full</strong> details are<br />

described in sections 2.3 and<br />

2.4 following.<br />

Many <strong>of</strong> the general comments<br />

in the foreword concerning<br />

enterprise as a whole also apply<br />

<strong>to</strong> consulting.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 8


2.0 OVERALL POLICY<br />

2.1 Types <strong>of</strong> consulting channels<br />

This defines between whom the contract <strong>of</strong> work is <strong>to</strong> be done.<br />

There are three existing and one new channel through which consulting may be<br />

conducted. In outline, the channels are:<br />

Private consulting – where a member <strong>of</strong> staff consults on their own without the<br />

involvement <strong>of</strong> the <strong>University</strong> and where revenue flows directly <strong>to</strong> the academic.<br />

School-based consulting/services rendered – where a member <strong>of</strong> staff consults in cooperation<br />

with the School.<br />

Unit-based consulting – where there is an existing Industrial or Consulting Unit through<br />

which the consultancy activity is managed.<br />

Service company-based consulting – which is new and intended <strong>to</strong> help promote new<br />

and untapped areas <strong>of</strong> expertise. This is an approach delivered through the <strong>University</strong><br />

<strong>of</strong> Southamp<strong>to</strong>n Consulting Ltd (UoSC). This is a wholly owned subsidiary <strong>of</strong> UoS<br />

Holdings Ltd.<br />

2.2 Consulting Channel – which is appropriate?<br />

Which channel <strong>to</strong> work through is a matter <strong>of</strong> choice for the prospective consultant,<br />

subject <strong>to</strong> eligibility rules and the consent <strong>of</strong> the HoS/DoPS.<br />

2.3 Eligibility <strong>to</strong> consult - background<br />

Under current employment arrangements, all staff at level 4 and above have no fixed<br />

hours and work the hours <strong>to</strong> do the job.<br />

Staff at level 3 and below have fixed hours and may have other employment outside<br />

their fixed hours subject <strong>to</strong> not exceeding 48 hours per week across all employments in<br />

line with EU directives.<br />

The eligibility <strong>to</strong> consult in all cases is subject <strong>to</strong> the consent and guidance <strong>of</strong> the<br />

HoS/DoPS.<br />

This policy draws a distinction between those members <strong>of</strong> staff who:<br />

• <strong>May</strong> consult directly and contract with a client <strong>to</strong> do consultancy work<br />

through eligible channels and,<br />

Here pr<strong>of</strong>essional liability rests<br />

firmly with the individual staff<br />

member who must ensure<br />

clients understand that the<br />

academic is not acting on<br />

behalf <strong>of</strong> the <strong>University</strong>.<br />

The school may provide some<br />

form <strong>of</strong> assistance (e.g.<br />

administration, facilities) and<br />

typically revenue flows <strong>to</strong> the<br />

School pr<br />

ior <strong>to</strong> any onward<br />

allocation.<br />

Often this involves the<br />

employment o f non-academic<br />

staff as full time salaried<br />

consult<br />

ants who form the core<br />

<strong>of</strong> the unit. Additionally, other<br />

staff sometime become<br />

involved under appropriate<br />

conditions.<br />

It’s intended <strong>to</strong> provide<br />

commercial support and<br />

benefits <strong>to</strong> its users,<br />

particularly including those<br />

who have no current means <strong>of</strong><br />

administrative or commercial<br />

support and guidance.<br />

This means they (level 4 and<br />

above) may not take on any<br />

other form o f employment<br />

without consent. However,<br />

consent may be given under<br />

the terms within this<br />

consult<br />

ancy policy. In<br />

addition, consent may be given<br />

<strong>to</strong> obtain other employment<br />

but is likely <strong>to</strong> require staff <strong>to</strong><br />

become part time on a<br />

fractional contract.<br />

• Those who may assist in consultancy activities but not agree contracts<br />

with clients.<br />

The term “consult directly” refers <strong>to</strong> those members <strong>of</strong> staff who may agree a<br />

contract <strong>of</strong> consultancy work with a client. This could be through either a<br />

Private or <strong>University</strong>-based channel. The term “assist” is used here <strong>to</strong> describe<br />

those members <strong>of</strong> staff who may not make such contractual agreements, but<br />

may, subject <strong>to</strong> the conditions within this policy assist in consultancy and for<br />

which they may under certain conditions receive some form or reward or<br />

remuneration. (See policy summary table in section 2.8)<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 9


2.4 Eligibility <strong>to</strong> consult – job categories<br />

Staff in the Education, Research and Enterprise (ERE) job family:<br />

Academic staff may engage in consultancy under the 30-day rule through any <strong>of</strong> the<br />

four valid channels (Private, School-based, Unit-based and or Service company-based)<br />

Research and teaching staff may also consult under the 30-day rule subject <strong>to</strong> the<br />

following criteria, namely:<br />

• the consent <strong>of</strong> the Head <strong>of</strong> School had been given;<br />

• they are engaged through a <strong>University</strong>-based channel (i.e. School-based, Unitbased<br />

or Service company-based) and<br />

• the work does not remove core funding which otherwise would be received by<br />

the School or its trading unit; and<br />

• the work is marginal rather than core <strong>to</strong> the research programme <strong>of</strong> the<br />

School; and<br />

• any funding body financing the post <strong>of</strong> the person wishing <strong>to</strong> consult does not<br />

object <strong>to</strong> their doing so.<br />

Enterprise staff (including those employed in industrial or advisory units) may <strong>of</strong> course<br />

engage in <strong>University</strong>-based consulting if they have been employed in consulting roles,<br />

this is part <strong>of</strong> their normal duties. Normally they may only do so through the Unitbased<br />

consulting channel <strong>of</strong> the unit <strong>to</strong> which they belong. Private consulting is not<br />

permitted<br />

Staff outside the ERE family<br />

Staff at level 4 or above may, with advance permission use up <strong>to</strong> 15 days <strong>of</strong> their paid<br />

annual leave for external private consultancy.<br />

Also, for staff in this category, external paid work which individuals might engage in<br />

outside <strong>of</strong> normal hours which has no relationship <strong>to</strong> or relevance for the <strong>University</strong> can<br />

be conducted privately with consent in advance, which after application would be,<br />

provided by the Secretary and Registrar.<br />

Staff at level 3 or below can assist on a consulting assignment. They may do so<br />

provided the work is through one <strong>of</strong> the <strong>University</strong>-based consulting channels (School,<br />

Unit or Service company-based). Providing assistance on private-based consulting is<br />

not permitted during their normal working hours at the university.<br />

2.5 Consent from Head <strong>of</strong> School or Direc<strong>to</strong>r Pr<strong>of</strong>essional Services<br />

All consulting activity through all channels must be reviewed and receive prior consent<br />

from HoS/DoPS before commitments <strong>to</strong> clients can be made. The purpose <strong>of</strong> this<br />

review is <strong>to</strong> ensure that:<br />

• that the proposed work will not undermine other university priorities or<br />

obligations (e.g. research, teaching commitments)<br />

• the use <strong>of</strong> School facilities and resources (if any) have been declared and<br />

approved, including financial requirements on the recovery <strong>of</strong> costs<br />

• any risks (e.g. IP leakage, conflicts <strong>of</strong> interest, high risk activities or<br />

business sec<strong>to</strong>rs, etc) are given due consideration<br />

• the beneficiaries <strong>of</strong> the anticipated revenue has been declared and<br />

approved<br />

• the channel through which consulting is <strong>to</strong> be conducted is appropriate<br />

The HoS/DoPS will be free <strong>to</strong> decide on the appropriate and practical way <strong>to</strong> manage<br />

the review process.<br />

For research and teaching staff in the Education, Research and Enterprise (ERE) job<br />

family, further conditions must be satisfied as described in section 2.4 above.<br />

The staff category benefit from<br />

changes in forme r consultancy<br />

rules which have now been<br />

extended <strong>to</strong> research and<br />

teaching staff.<br />

If there is any conflict with a<br />

research sponsor’s policy, then<br />

the core funding <strong>of</strong> the<br />

research grant or contract will<br />

over-ride the ability <strong>to</strong><br />

undertake consultancy. This<br />

may not just be exclusively <strong>of</strong><br />

employment, but also noncompetition<br />

clauses.<br />

Collaborative work with other<br />

Units or Schools may be<br />

permitted o r desirable under<br />

the guidance and approval <strong>of</strong><br />

the Heads <strong>of</strong> School/Unit.<br />

Compared <strong>to</strong> previous policy,<br />

this is new.<br />

Given that annual leave for<br />

staff at Level 4 and above is 30<br />

days leave plus 8 Bank<br />

Holidays plus six cus<strong>to</strong>mary<br />

<strong>University</strong> closure days (a <strong>to</strong>tal<br />

o f 42) and the working time<br />

regulations require staff <strong>to</strong><br />

have four weeks paid holidays<br />

(20 days) this can still be<br />

accommodated with up <strong>to</strong> 15<br />

days leave spent consulting.<br />

A checklist summarising these<br />

and other relevant points is<br />

contained in the appendix and<br />

may be <strong>of</strong> assistance <strong>to</strong> Heads<br />

<strong>of</strong> School when conducting the<br />

review.<br />

Where appropriate the<br />

HoS/DoPSC 1 may decide <strong>to</strong><br />

delegate this review and<br />

consent provided controls are<br />

diligently exercised. Further<br />

suggested guidance on this is<br />

<strong>of</strong>fered in the appendix.<br />

In Schools/Units where<br />

consulting activities forms an<br />

essential part <strong>of</strong> the financial<br />

model , it is unlikely that Heads<br />

<strong>of</strong> Schools will consent <strong>to</strong><br />

consulting through other<br />

channels in order <strong>to</strong> safeguard<br />

School o r Unit revenues.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 10


2.6 Reward and remuneration<br />

Private Consulting – this is a matter for the individual and not the <strong>University</strong>.<br />

<strong>University</strong>-based consulting in general (School, Unit, Service company-based) –<br />

This is dealt with in more detail under the separate channel headings later in the<br />

document. However, these forms <strong>of</strong> consulting can only be conducted by <strong>University</strong><br />

staff and therefore any remuneration must remain inside the prevailing <strong>University</strong><br />

policy on staff rewards and remuneration.<br />

School-based consulting – revenue is typically paid in<strong>to</strong> central Finance at the<br />

<strong>University</strong>, where it is then forwarded <strong>to</strong> the appropriate account or balance.<br />

The appropriate treatment <strong>of</strong> revenues and costs is specified in Finance policy <strong>to</strong> which<br />

the reader is referred.<br />

The decision <strong>to</strong> make a reward over and above normal salary lies with the Head <strong>of</strong><br />

School. He/she can consent <strong>to</strong> a portion <strong>of</strong> the consultancy revenue being used <strong>to</strong><br />

remunerate the member <strong>of</strong> staff in recognition <strong>of</strong> the work’s value <strong>to</strong> the school. The<br />

Head <strong>of</strong> School may also consent <strong>to</strong> other staff that have assisted in the work receiving<br />

remuneration or an award in line with <strong>University</strong> policy.<br />

Unit-based consulting – revenue is typically paid <strong>to</strong> the units operating balance. <strong>Full</strong><br />

time consultants employed by the unit may be eligible for Unit-based annual<br />

achievement scheme subject <strong>to</strong> the unit achieving required financial performance<br />

parameters.<br />

Service company-based consulting – the gross revenue will be paid in<strong>to</strong> the UoSC<br />

Ltd bank account. Once agreed costs have been deducted the proceeds will flow <strong>to</strong> the<br />

prior agreed beneficiaries.<br />

2.7 Related Policies and Evolution<br />

This policy co-exists with other relevant policies including those covering conflict <strong>of</strong><br />

interest and full economic costing <strong>to</strong> which the reader is referred.<br />

Against a background <strong>of</strong> changing priorities, opportunities and risks, the <strong>University</strong> will<br />

keep this policy under review via the Enterprise and Innovation <strong>Policy</strong> Committee in<br />

order <strong>to</strong> maintain and promote:<br />

• The best interest <strong>of</strong> staff and the <strong>University</strong>,<br />

• Appropriate management <strong>of</strong> risks and,<br />

• Clear and appropriate governance and eligibility rules.<br />

The proceeds are likely <strong>to</strong> be<br />

paid <strong>to</strong> the consultan t’s own<br />

account (or trading company<br />

account) and he/she is<br />

responsible for any subsequent<br />

tax and national insurance<br />

obligations.<br />

Where assistance has been<br />

provided as part o f normal<br />

duties and within normal<br />

working hours then reward or<br />

remuneration over and above<br />

normal salary is unlikely <strong>to</strong> be<br />

appropriate. However, it may<br />

well be appropriate where the<br />

work has incurred some<br />

additional o r exceptional effort<br />

or time.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 11


2.8 <strong>Consultancy</strong> <strong>Policy</strong> Summary<br />

<strong>Policy</strong> summary Private Schoolbased<br />

Consent, channels and eligibility:<br />

Prior consent is required <strong>to</strong> all proposed consulting activities? Yes<br />

Commercial:<br />

ERE family - academic staff Yes<br />

Unit-based<br />

ERE family - research and teaching staff No Yes<br />

Service Cobased<br />

ERE Family - enterprise staff No No 1 Yes No<br />

Non-ERE family - staff at level 4 or above No Yes<br />

Non-ERE family - staff at level 3 or below No (No) … but can assist<br />

The contract is between the client and the ...<br />

The contractual arrangements (construct, compliance, etc) is<br />

managed by ...<br />

<strong>University</strong> facilities and resources may be used, and charged in line<br />

with FEC<br />

Business may be conducted from <strong>University</strong> premises including use<br />

<strong>of</strong> <strong>University</strong> postal or email address<br />

The university logo may be used (e.g. on letterheads,<br />

presentations, reports etc)<br />

Individual<br />

consultant<br />

Individual<br />

consultant<br />

No<br />

No<br />

No<br />

<strong>University</strong><br />

(School)<br />

<strong>University</strong><br />

(Unit)<br />

UoSC Ltd<br />

School Unit UoSC Ltd<br />

Consulting activity is covered by university insurance No 2 Yes<br />

Financial and Remuneration<br />

Net proceeds flow <strong>to</strong> ...<br />

(NB see individual channel sections for details)<br />

Taxation/national insurance matters are catered for by ...<br />

Individual<br />

consultant<br />

Individual<br />

consultant<br />

Yes<br />

Yes<br />

Yes<br />

School 3 Unit 4 Defined<br />

beneficiaries 5<br />

<strong>University</strong><br />

Eligibility<br />

<strong>to</strong><br />

consult<br />

level 4 or<br />

above<br />

Inside the Education, Research and Enterprise (ERE)<br />

job family<br />

1. Academic<br />

staff<br />

30-days<br />

(any channel)<br />

2. Research<br />

and teaching<br />

staff<br />

30-days<br />

(any Uni’<br />

channel)<br />

3. Enterprise staff<br />

(inc staff employed in<br />

industrial or advisory<br />

units)<br />

(Unit-based consulting<br />

only)<br />

level 3 or<br />

below Not normally applicable (see note 6 )<br />

Staff categories and rewards<br />

Academic staff in the Education, Research and<br />

Enterprise (ERE) job family,<br />

Research and teaching staff in the Education,<br />

Research and Enterprise (ERE) job family<br />

Staff at level 4 or above outside the ERE family<br />

Enterprise staff in the ERE job family (including those<br />

employed in industrial or advisory units.)<br />

Staff at level 3 or below outside the ERE family<br />

Options<br />

Payment in<strong>to</strong> monthly salary<br />

Paid in<strong>to</strong> pension pot<br />

Staff achievement scheme 7<br />

Staff achievement scheme 7<br />

Unit staff achievement<br />

scheme (annually)<br />

Overtime<br />

Staff achievement scheme 7<br />

Outside the ERE<br />

job family<br />

4. Staff at level 4<br />

or above<br />

15 days <strong>of</strong><br />

annual leave<br />

(any <strong>University</strong><br />

channel)<br />

5. Staff at level 3<br />

or below<br />

“can assist”<br />

(any <strong>University</strong><br />

channel)<br />

√<br />

√<br />

√<br />

√<br />

√<br />

√<br />

√<br />

Notes<br />

1 Involvement in School<br />

collaborations may be untypical, but<br />

can occur subject <strong>to</strong> School or Unit<br />

head guidance/consent.<br />

2 Risk and personal pr<strong>of</strong>essional<br />

indemnity cover is a matter for the<br />

individual academic consultant<br />

3 The planned distribution <strong>of</strong> net<br />

proceeds from a consulting<br />

assignment must be declared and<br />

agreed as part <strong>of</strong> the prior review<br />

with the Head <strong>of</strong> School. Typically it<br />

may flow <strong>to</strong> the “services rendered<br />

account”. Payment may also be<br />

made <strong>to</strong> contributing individuals.<br />

4 The revenue would normally flow<br />

<strong>to</strong> the operating balance <strong>of</strong> the Unit.<br />

5 The planned distribution <strong>of</strong> net<br />

proceeds from a consulting<br />

assignment must be declared and<br />

agreed as part <strong>of</strong> the prior review<br />

with the Head <strong>of</strong> School<br />

6 This job family/job level<br />

combination is not normally in use.<br />

Please see local HR representative<br />

for any queries/clarification.<br />

7 Subject <strong>to</strong> the <strong>guide</strong>lines within the<br />

scheme<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 12


3.0 PRIVATE CONSULTING POLICY<br />

3.1 Introduction and outline<br />

There’s wide range <strong>of</strong> consulting assignments undertaken by academic staff and the<br />

<strong>University</strong> wishes <strong>to</strong>:<br />

• Recognise private consulting as a valid contribu<strong>to</strong>r <strong>to</strong> the enterprise agenda,<br />

and<br />

• Provide a “light-<strong>to</strong>uch” <strong>to</strong> essential administrative practice and the<br />

management <strong>of</strong> risk.<br />

Private consulting will continue <strong>to</strong> be an option through which academic staff may<br />

consult.<br />

3.2 Consent and eligibility<br />

Academic staff in the Education, Research and Enterprise (ERE) job family can engage<br />

in private consultancy with the prior consent <strong>of</strong> the Head <strong>of</strong> School under the 30 day<br />

rule.<br />

All other staff are not permitted <strong>to</strong> engage in private consulting and specifically:<br />

The university will also provide<br />

a university-based alternative<br />

for those who wish <strong>to</strong> operate<br />

under the university umbrella<br />

with appropriate commercial<br />

support and safeguards (see<br />

Service company-based<br />

consulting).<br />

• Non academic staff categories at level 4 and above may not be engaged <strong>to</strong><br />

assist<br />

• Non academic staff at level 3 and below may not be engaged <strong>to</strong> assist in<br />

university time<br />

Any breaches <strong>of</strong> any <strong>of</strong> the above requirements could lead <strong>to</strong> disciplinary procedures<br />

being invoked against the individual.<br />

Staff who consult will be required <strong>to</strong> complete a retrospective “register <strong>of</strong> interest”<br />

annually outlining their private consulting activities under the university Conflict <strong>of</strong><br />

Interest <strong>Policy</strong><br />

It is important <strong>to</strong> note that once given, permission is not necessarily on-going and may<br />

be withdrawn if circumstances are judged <strong>to</strong> warrant this action. In such a case<br />

reasonable notice <strong>of</strong> an intention <strong>to</strong> withdraw permission will be given and any dispute<br />

about granting or revoking permission will be referred <strong>to</strong> the Vice Chancellor or dealt<br />

with under the grievance procedures. In addition if outside consultancies or other paid<br />

work are accepted without the consent <strong>of</strong> the Head <strong>of</strong> School then the member <strong>of</strong> staff<br />

will be in breach <strong>of</strong> contract and subject <strong>to</strong> disciplinary procedures.<br />

Members <strong>of</strong> staff wishing <strong>to</strong> form their own companies or <strong>to</strong> become Direc<strong>to</strong>rs <strong>of</strong><br />

existing companies are subject <strong>to</strong> the same requirements for permission and time <strong>of</strong>f.<br />

3.3 Commercial<br />

In Private Consulting the contract is between the client and the individual academic<br />

consultant and how such agreements are made (e.g. specification <strong>of</strong> the contract) are<br />

a matter for them.<br />

In Private Consulting the following conditions apply <strong>to</strong> the academic, subject <strong>to</strong><br />

additional guidance set out on section 3.4:<br />

• Business may not be conducted from or using the <strong>University</strong> premises, postal<br />

or email address.<br />

• The <strong>University</strong> logo may not be used on letterheads, presentations, reports,<br />

etc<br />

• The academic must demonstrably ensure that clients are clearly informed that<br />

consulting arrangements are private and the university is not involved nor<br />

liable (see section 3.4).<br />

• <strong>University</strong> facilities and resources may not be used (see section 3.4).<br />

The client pays the consultant directly and all revenue matters (e.g. tax) are solely a<br />

matter for the consultant and not the university.<br />

Where support staff up <strong>to</strong> and<br />

including level 3, identify<br />

external consultancy<br />

opportunities, given they cannot<br />

consul t privately (the 30 day<br />

rules applies for academics<br />

staff), the work may be <strong>of</strong>fered<br />

<strong>to</strong> the school <strong>to</strong> take up and<br />

support staff can benefit where<br />

appropriate though overtime or<br />

payments though the staff<br />

achievement scheme. This, in<br />

effect converts the proposition<br />

<strong>to</strong> a School-based channel.<br />

In the past, it is unders<strong>to</strong>od that<br />

some academics may have<br />

made local arrangements and<br />

paid Schools <strong>to</strong> utilise their<br />

resources and/or facilities. This<br />

leaves the university in a<br />

position <strong>of</strong> potential risk. In<br />

future this will not be permitted<br />

and academics who need <strong>to</strong><br />

utilise <strong>University</strong> resources,<br />

facilities or staff must adopt one<br />

<strong>of</strong> the university based channels<br />

(School, Unit or Servicecompany<br />

based).<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 13


3.4 Additional notes <strong>of</strong> guidance:<br />

Disclaimer<br />

Previous policy stated that the Heads <strong>of</strong> School are required <strong>to</strong> issue, as appropriate, a<br />

letter <strong>to</strong> the outside firm or organisation concerned with the consultative work, making<br />

it clear that the <strong>University</strong> has no responsibility or involvement in the advice given or<br />

actions taken by the individuals concerned.<br />

Effective with the introduction <strong>of</strong> this new policy the responsibility is henceforth placed<br />

upon the academic consultant <strong>to</strong> demonstrably ensure that the client is made aware <strong>of</strong><br />

this condition.<br />

Insurance<br />

Private Consulting activity is not covered by university insurance. Risk and personal<br />

pr<strong>of</strong>essional indemnity cover is a matter for the individual academic consultant.<br />

Neither the <strong>University</strong> nor its insurers will accept responsibility for the actions <strong>of</strong> staff<br />

when acting in a private consultancy, even in the cases when the <strong>University</strong> has given<br />

permission for outside paid work <strong>to</strong> be undertaken. It is important that staff<br />

undertaking private consultancy or similar work are aware <strong>of</strong> this fact <strong>to</strong> enable them<br />

<strong>to</strong> take appropriate pr<strong>of</strong>essional advice <strong>to</strong> protect themselves, either by clauses in<br />

private consultancy contracts or by pr<strong>of</strong>essional liability insurance. The <strong>University</strong> will<br />

not <strong>of</strong>fer any advice <strong>to</strong> individuals about the terms <strong>of</strong> private consultancy contracts and<br />

the possible need for personal insurance cover related <strong>to</strong> such contracts. Staff <strong>of</strong> the<br />

various Pr<strong>of</strong>essional services will not therefore be available for consultation and<br />

therefore staff undertaking private consultancy work should take pr<strong>of</strong>essional advice on<br />

how far <strong>to</strong> seek <strong>to</strong> protect themselves.<br />

Use <strong>of</strong> <strong>University</strong> Resources and facilities etc<br />

The <strong>University</strong> <strong>Policy</strong> on “conflict <strong>of</strong> interest” shall provide the primary source <strong>of</strong><br />

guidance on this matter. In tune with that policy it is intended that common sense<br />

should prevail under the overall guidance <strong>of</strong> the HoS/DoPS. The policy clause<br />

“<strong>University</strong> facilities and resources may not be used” is included <strong>to</strong> ensure that the<br />

university is not placed in a position <strong>of</strong> risk and liability. Nor that <strong>University</strong> resources<br />

or facilities are used <strong>to</strong> the detriment <strong>of</strong> the university. The HoS/DoPS are <strong>of</strong>fered the<br />

following guidance on what should not be permitted under this clause:<br />

• Consuming material, resources, services or facilities which incur costs which<br />

are other than very minor or incidental<br />

• Using equipment or devices belonging <strong>to</strong> the client on university equipment<br />

• Using any university facilities, resources or equipment in a way which conflicts<br />

or impinges upon their use for core/bona fide university business, or in any<br />

other manner which might give rise <strong>to</strong> a conflict <strong>of</strong> interest<br />

• Using university owned computer equipment <strong>to</strong> connect directly with client<br />

equipment or systems other than in accordance with ordinary/normal usage <strong>of</strong><br />

the web<br />

• Other usage that the Head <strong>of</strong> School may decide is inappropriate<br />

Thus, in consideration <strong>of</strong> the above, the Head <strong>of</strong> School (or Direc<strong>to</strong>r <strong>of</strong> Pr<strong>of</strong>essional<br />

Services) may decide <strong>to</strong> allow minor and incidental use <strong>of</strong> university computer or other<br />

<strong>of</strong>fice facilities. However, if any doubts or concerns in this matter arise the default<br />

position must be applied, i.e. the use <strong>of</strong> any university resources or facilities is not<br />

permitted.<br />

“Sub-contracting”<br />

Members <strong>of</strong> staff, who, under this policy may consult privately, may decide <strong>to</strong> consult<br />

directly for a client or work via a main contrac<strong>to</strong>r/consultant as a sub contrac<strong>to</strong>r. In<br />

the latter case, and where the main contrac<strong>to</strong>r is entirely independent <strong>of</strong> the <strong>University</strong><br />

it remains a matter entirely for the consultant (subject <strong>to</strong> the normal policy and<br />

consents).<br />

Text for a standard letter and<br />

feedback slip is provided in<br />

Appendix II.<br />

Here demonstrable means that<br />

evidence showing that clients<br />

have been suitably advised must<br />

be made available <strong>to</strong> the<br />

HoS/DoPS who has consent<br />

ed <strong>to</strong><br />

the consulting activity.<br />

(<strong>to</strong> do so in event o f damage<br />

might leave the university<br />

liability exposed)<br />

(else the risk <strong>of</strong> damage or<br />

outage <strong>to</strong> clients systems might<br />

be seen as caused by university<br />

equipment)<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 14


Where the main contrac<strong>to</strong>r is an individual, school or unit operating via a school or<br />

unit-based consulting channels ...<br />

• The contractual arrangement between the end-client and the main contrac<strong>to</strong>r<br />

(The <strong>University</strong>) will be deemed <strong>to</strong> be <strong>University</strong>-based consulting, and<br />

• The arrangement between the main contrac<strong>to</strong>r (The <strong>University</strong>) and the subcontrac<strong>to</strong>r<br />

(academic consultant) will be deemed <strong>to</strong> be Private consulting.<br />

This form <strong>of</strong> sub contracting is not permitted where the main contract is operated via<br />

the Service Company-based channel.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 15


4.0 SCHOOL-BASED CONSULTING POLICY<br />

4.1 Introduction and outline<br />

School-based consulting is well established in some parts <strong>of</strong> the university and it is<br />

intended these arrangements will continue. The existing body <strong>of</strong> School-based<br />

consulting provides an important financial and non-financial benefit <strong>to</strong> the <strong>University</strong>.<br />

Successful and beneficial consulting will be recognised as an important contribu<strong>to</strong>r <strong>to</strong><br />

the <strong>University</strong>’s standing.<br />

4.2 Consent and eligibility<br />

The following categories <strong>of</strong> staff are eligible <strong>to</strong> consult via the School-based channel:<br />

• Academic staff in the Education, Research and Enterprise (ERE) job family under<br />

30-day rule.<br />

• Research and teaching staff in the Education, Research and Enterprise (ERE) job<br />

family under 30-day rule.<br />

• Staff at level 4 or above outside the ERE family up <strong>to</strong> 15 days using annual<br />

leave under the 15-day rule<br />

Staff at level 3 or below outside the ERE family may not consult directly with clients but<br />

may assist on consulting activity.<br />

Prior consent from Head <strong>of</strong> School is required <strong>to</strong> proposed consulting activities<br />

4.3 Commercial<br />

The contract is between the client and the <strong>University</strong> (School) and contractual<br />

arrangements (e.g. design, specification, etc) would normally be managed by the<br />

School. Other commercial rules which apply are:<br />

• <strong>University</strong> facilities and resources may be used, and must be charged<br />

in line with FEC<br />

• Business may be conducted from <strong>University</strong> premises and use the<br />

<strong>University</strong> postal and email address<br />

In Schools where the consulting<br />

activity forms an essential and<br />

integral part <strong>of</strong><br />

the financial<br />

model, i t is likely that Heads <strong>of</strong><br />

Schools may not consent <strong>to</strong><br />

consulting through other<br />

channels in order <strong>to</strong> safeguard<br />

School finances.<br />

For information and policy detail<br />

on FEC C you are referred <strong>to</strong><br />

your appropriate Finance<br />

department representative.<br />

• The university logo may be used (e.g. on letterheads, presentations,<br />

reports etc)<br />

• Consulting activity is covered by university insurance<br />

• Taxation/national insurance matters are catered for by the <strong>University</strong><br />

4.4 Financial and Remuneration<br />

Income from School-based consultancy activity is normally channelled <strong>to</strong> the “services<br />

rendered account” from which the head <strong>of</strong> school may disburse money <strong>to</strong> the benefit <strong>of</strong><br />

the school (e.g. funding post graduate work, conferences, etc).<br />

Financial practice is governed under FEC.<br />

Income may also be disbursed <strong>to</strong> those who have contributed <strong>to</strong> the consultancy<br />

activity in line with the rules governing reward and remuneration (see summary the<br />

table in section 2.8).<br />

The decision <strong>to</strong> make a reward over and above normal salary lies with the Head <strong>of</strong><br />

School. He/she can consent <strong>to</strong> a portion <strong>of</strong> the consultancy revenue being used <strong>to</strong><br />

remunerate individuals in recognition <strong>of</strong> the work’s value <strong>to</strong> the school.<br />

The Head <strong>of</strong> School may also consent <strong>to</strong> other staff who have assisted in the work<br />

receiving remuneration or an award in line with <strong>University</strong> policy.<br />

Only <strong>University</strong> staff may be eligible for consultancy reward and remuneration and such<br />

rewards or remuneration must therefore remain within <strong>University</strong> staff employment<br />

policy. The options available within <strong>University</strong> policy depend on job category and are<br />

set out in the table in section 2.8<br />

Where assistance from staff has<br />

been provided as part <strong>of</strong> normal<br />

duties and within normal<br />

working hours then reward or<br />

remuneration over and above<br />

normal salary is unlikely <strong>to</strong> be<br />

appropriate. However, it may<br />

well be appropriate where the<br />

work has incurred some<br />

additional o r exceptional effort<br />

or time.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 16


5.0 UNIT-BASED CONSULTING POLICY<br />

5.1 Introduction and outline<br />

Unit-based consulting is well established in some parts <strong>of</strong> the university and it is<br />

intended these arrangements will continue. The existing body <strong>of</strong> Unit based consulting<br />

is significant and provides an important financial and non-financial benefit <strong>to</strong> the<br />

university Successful and beneficial unit-based consulting will continue <strong>to</strong> be<br />

recognised as an important contribu<strong>to</strong>r <strong>to</strong> the standing <strong>of</strong> the <strong>University</strong>.<br />

5.2 Consent and eligibility<br />

The range and quantity <strong>of</strong> work undertaken by the Unit will be decided upon by the<br />

Unit and School Head. For full time consulting staff, the consent <strong>to</strong> consult is implicit<br />

within their job role. Decisions concerning who consults on what assignments forms<br />

part <strong>of</strong> the normal operational management <strong>of</strong> the Unit.<br />

However, where the Unit seeks <strong>to</strong> call upon help or resources from elsewhere in the<br />

<strong>University</strong>, HoS/<br />

DoPS consent is required. Subject <strong>to</strong> this consent, eligible staff may be<br />

hired from outside the unit at an agreed hourly rate.<br />

In Units, consulting activities are an essential and integral part <strong>of</strong> the financial model,<br />

the <strong>University</strong> does not permit unit consulting staff <strong>to</strong> consult (or <strong>to</strong> assist on<br />

consulting) through other channels in order <strong>to</strong> safeguard unit finances.<br />

<strong>Full</strong> time Unit staff are thus not eligible <strong>to</strong> engage in consulting activities outside their<br />

own unit unless asked or permitted <strong>to</strong> do so by the Head <strong>of</strong> Unit for Unit-supported<br />

collaborations with other Schools or Units.<br />

5.3 Commercial<br />

The contract is between the client and the <strong>University</strong> (Unit) and contractual<br />

arrangements (e.g. design, specification, etc) would normally be managed by Unit.<br />

Other commercial rules which apply are:<br />

• <strong>University</strong> facilities and resources may be used, and must be charged<br />

in line with FEC.<br />

• Business may be conducted from <strong>University</strong> premises and use the<br />

<strong>University</strong> postal and email address<br />

• The university logo may be used (e.g. on letterheads, presentations,<br />

reports etc)<br />

• Consulting activity is covered by university insurance<br />

• Taxation/national insurance matters are catered for by <strong>University</strong><br />

5.4 Financial and Remuneration<br />

The income generated from Unit-based Consulting activities normally flows <strong>to</strong> the<br />

operating balance <strong>of</strong> the unit.<br />

Consultants in Advisory Units may get ex-gratia bonuses on <strong>to</strong>p <strong>of</strong> their normal salary<br />

through the staff achievement scheme. These bonuses are dependent on the trading<br />

surpluses <strong>of</strong> the Unit at the end <strong>of</strong> each financial year and normally may be up <strong>to</strong> 15%<br />

<strong>of</strong> trading surplus.<br />

Where non-Unit academic staff have been involved in the consulting activity, they may<br />

receive reward or remuneration in the same manner as prescribed for School-based<br />

consulting. The decision <strong>to</strong> make a reward over and above normal salary lies with the<br />

Head <strong>of</strong> Unit and appropriate Head <strong>of</strong> School. He/she can consent <strong>to</strong> a portion <strong>of</strong> the<br />

consultancy revenue being used <strong>to</strong> remunerate the staff member in recognition <strong>of</strong> the<br />

work’s value <strong>to</strong> the Unit.<br />

The Head <strong>of</strong> School/Unit may also consent <strong>to</strong> other staff who have assisted in the work<br />

receiving remuneration or an award in line with <strong>University</strong> policy.<br />

Only <strong>University</strong> staff may be eligible for consultancy reward and remuneration and such<br />

rewards or remuneration must therefore remain within <strong>University</strong> staff employment<br />

policy. See section 2.8 for reward option (which are dependent on staff category).<br />

Under previous policy the<br />

specified amount that could be<br />

divided up and used for these<br />

bonuses was up <strong>to</strong> 15% <strong>of</strong> the<br />

trading surplus (subject <strong>to</strong> the<br />

particular scheme). In this new<br />

policy this is changed <strong>to</strong><br />

“normally 15%” and thus the<br />

previous cap is removed.<br />

Where assistance has been<br />

provided as part o f normal<br />

duties and within normal<br />

working hours, then reward or<br />

remuneration over and above<br />

normal salary is unlikely <strong>to</strong> be<br />

appropriate. However, it may<br />

well be appropriate where the<br />

work has incurred some<br />

additional o r exceptional effort<br />

or time.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 17


6.0 SERVICE COMPANY-BASED CONSULTING POLICY<br />

6.1 Introduction and outline<br />

The <strong>University</strong> wishes <strong>to</strong> encourage growth in consulting as part <strong>of</strong> its enterprise<br />

agenda. Following review and consultation it has been agreed <strong>to</strong> introduce an<br />

alternative <strong>to</strong> the existing Private, School and Unit-based consulting channels <strong>to</strong> help<br />

promote new prospects in un-tapped areas. The new channel will exist alongside<br />

existing/established channels and will provide a flexible alternative for those wishing<br />

<strong>to</strong> operate under the <strong>University</strong> umbrella. A new company will be created and known<br />

as the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n Consulting Ltd (UoSC). It will be a wholly owned<br />

subsidiary <strong>of</strong> <strong>University</strong> Holdings Ltd.<br />

Benefits <strong>of</strong> choosing <strong>to</strong> work via UoSC Ltd will include the provision <strong>of</strong> standard<br />

contracts, ease <strong>of</strong> working on multi-disciplinary/cross-school projects and visibility <strong>of</strong><br />

consulting successes contributing <strong>to</strong> the enterprise agenda. It will also cater for<br />

routine invoicing, revenue collection and disbursement <strong>of</strong> revenue <strong>to</strong> costs and<br />

beneficiaries.<br />

A detailed operating <strong>guide</strong> will be available for those who wish <strong>to</strong> understand its<br />

mode <strong>of</strong> operation in greater detail.<br />

6.2 Eligibility and consent<br />

Prior consent from the HoS/DoPS is required for the proposed consulting activities<br />

and the proposed disbursement <strong>of</strong> the proceeds (which is flexible).<br />

The following categories <strong>of</strong> staff are eligible <strong>to</strong> consult via the Unit-based channel:<br />

Initially and through early life<br />

the company will focus on<br />

providing basic commercial<br />

support <strong>to</strong> early adopters.<br />

Broader-based support on<br />

aspects such as general<br />

marketing will follow on. A<br />

charge will be made for this<br />

service <strong>to</strong> cover obliga<strong>to</strong>ry<br />

employers National Insurance,<br />

insurance requirements and<br />

basic UoSC administrative costs.<br />

• Academic staff in the Education, Research and Enterprise (ERE) job family<br />

under the 30-day rule.<br />

• Research and teaching staff in the Education, Research and Enterprise (ERE)<br />

job family under the 30-day rule.<br />

• Staff at level 4 or above outside the ERE family up <strong>to</strong> 15 days using annual<br />

leave under the 15-day rule<br />

Staff at level 3 or below outside the ERE family may not consult directly with clients<br />

but may assist on consulting activity.<br />

To participate in this channel prospective consultants must contact UoSC manager<br />

for guidance.<br />

Rigorous control will be placed <strong>to</strong> ensure HoS/DoPS consent is obtained and <strong>to</strong><br />

safeguard existing School/Units consulting activities.<br />

6.3 Commercial<br />

The contract will be between the client and UoSC Ltd (on behalf <strong>of</strong> the consultant or<br />

division). Support on contractual arrangements (specification, compliance, etc) will<br />

be provided by UoSC Ltd, typically via standard templates. In addition:<br />

• <strong>University</strong> facilities and resources may be used, and must be<br />

charged in line with FEC<br />

• Business may be conducted from <strong>University</strong> premises and use the<br />

<strong>University</strong> postal and email address<br />

• The university logo may be used (e.g. on letterheads, presentations,<br />

reports etc)<br />

• Taxation/national insurance matters are catered for by <strong>University</strong><br />

• Consulting activity will normally be covered by appropriate insurance<br />

subject <strong>to</strong> any limitations/constraints the provider may advise.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 18


6.4<br />

Financial and remuneration<br />

Proceeds may be disbursed <strong>to</strong> beneficiaries subject <strong>to</strong> prior agreement with<br />

HoS/DoPS. Beneficiaries can include, the academic consultants, other staff involved<br />

in the consulting activity, or the money can flow <strong>to</strong> the School’s services rendered<br />

account. Payment <strong>to</strong> individuals must comply with <strong>University</strong> employment policy (as<br />

described in the general section).<br />

Details on how FEC is <strong>to</strong> be applied will be set out as part <strong>of</strong> the UoSC operating<br />

practice and in line with guidance from the Head <strong>of</strong> Finance.<br />

Schools will be required <strong>to</strong> underwrite consulting assignments by their own<br />

academics against loss. This is <strong>to</strong> provide a “firewall” against any losses in one<br />

school impacting on another.<br />

As UoSC is wholly owned by the university, staff who consult through it, or who are<br />

employed by it, will be paid by the university and those payments will be treated as<br />

remuneration and will be subject <strong>to</strong> tax and national insurance at source. This work<br />

is not self-employment and so simplifies the matter <strong>of</strong> dealing with inland revenue.<br />

UoSC will provide guidance <strong>to</strong><br />

users and a price/cost modeller<br />

(spreadsheet) <strong>to</strong> help determine<br />

correct costs and deal with<br />

choice s and permitted flexibility.<br />

Contact UoSC for guidance.<br />

In practice, where assignments<br />

are mainly consultant timebased,<br />

and without 3rd party or<br />

capital costs, the risk <strong>of</strong> loss is<br />

likely <strong>to</strong> be very low. This will<br />

be dealt wit h in more deta ils in<br />

the UoSC Ltd operating <strong>guide</strong>.<br />

To obtain more information on UoSC<br />

Ltd please contact Robin Axford, <strong>Consultancy</strong> Manager, CEI;<br />

robin.axford@cei.so<strong>to</strong>n.ac.uk<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 19


APPENDIX I – HEAD OF SCHOOL OR DIRECTOR OF PROFESSIONAL SERVICE CONSENT (HoS/DoPS)<br />

A prospective Consultant must seek prior approval before proceeding with a consultancy assignment and prior <strong>to</strong> any<br />

contractual agreement being made. The purpose <strong>of</strong> this appendix is <strong>to</strong> provide a brief <strong>guide</strong> <strong>to</strong> assist the HoS/DoPS and<br />

the prospective Consultant conduct this review in a well structure and time-efficient manner. (It is provided as an optional<br />

<strong>guide</strong> but the text here does not form part <strong>of</strong> the <strong>Consultancy</strong> <strong>Policy</strong>.)<br />

Step 1 – An overview<br />

In the first instance the prospective Consultant should provide<br />

and discuss with the HoS/DoPS:<br />

• A brief overview <strong>of</strong> the proposed assignment <strong>to</strong><br />

reveal the nature <strong>of</strong> the work and any possible risks<br />

• A description <strong>of</strong> any other staff or <strong>University</strong><br />

resources or facilities intended <strong>to</strong> be used<br />

• Confirmation (for <strong>University</strong>-based assignments) that<br />

the assignment is not likely <strong>to</strong> incur a loss <strong>to</strong> the<br />

<strong>University</strong>.<br />

√<br />

This may take the form a written proposal for complex<br />

or substantial assignments, or simply be a verbal<br />

description for small or simple assignments – it is a<br />

matter for the Consultant and the HoS/DoPS <strong>to</strong> agree<br />

what is appropriate.<br />

Step 2 – Define and agreed which consulting channel<br />

The consulting channel through which it is proposed <strong>to</strong><br />

conduct the assignment<br />

√<br />

i.e. Private , School-based, Unit-based or via UoSC Ltd<br />

Step 3a – If Private Consulting<br />

Eligibility – is the consultant eligible <strong>to</strong> work via the Private<br />

channel?<br />

Risk – does the nature <strong>of</strong> the work (with or <strong>of</strong> the proposed<br />

client) represent a risk or field <strong>of</strong> work which is unacceptable<br />

<strong>to</strong> the HoS/DoPS or the <strong>University</strong>?<br />

<strong>Policy</strong> compliance – will the Consultant confirm he/she will<br />

comply with policy regarding the issue <strong>of</strong> the disclaimer letter<br />

<strong>to</strong> their private client and report this activity in line with the<br />

policy on Conflict <strong>of</strong> Interest?<br />

Disclaimer – Will the Consultant confirm that he/she will<br />

comply with policy regarding the clear separation <strong>of</strong> Private<br />

and <strong>University</strong>-based consulting as set out in section 3 <strong>of</strong> this<br />

policy.<br />

√<br />

i.e. is the Consultant in staff category ERE<br />

Family/academic @ level 4 or above?<br />

Certain business sec<strong>to</strong>rs or types <strong>of</strong> clien t may be<br />

deemed <strong>to</strong> be worthy <strong>of</strong> special consideration and<br />

consent <strong>to</strong> consult denied if potential<br />

ly damaging or<br />

risky <strong>to</strong> the School or <strong>University</strong>.<br />

Annually and retrospectively academics are required <strong>to</strong><br />

register their private external interests as part <strong>of</strong> the<br />

policy governing conflict <strong>of</strong> interest.<br />

This provides the opportunity <strong>to</strong> ensure clarity and<br />

obtain assurance on policy compliance with particular<br />

attention <strong>to</strong> risk or the non-use <strong>of</strong> facilities or<br />

resources for Private consulting. Any dispensation or<br />

variation must be agreed at this point (see sect<br />

ions 3.3<br />

and 3.4 for full guidance).<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 20


Step 3b – If School-based consulting<br />

Eligibility – is the consultant eligible <strong>to</strong> work via the Schoolbased?<br />

Are additional requirements for any Research and teaching<br />

staff in the Education, Research and Enterprise (ERE)<br />

satisfied?<br />

Risk – does the nature <strong>of</strong> the work (with the proposed client)<br />

represent a risk or a field <strong>of</strong> work which is unacceptable <strong>to</strong> the<br />

HoS/DoPS or the <strong>University</strong>?<br />

If risk is possible, has appropriate advice been sought?<br />

Costs & FEC – have costs (or will costs) be determined in line<br />

with FEC including those for both staff related and non-staff<br />

related expenditures.<br />

Net proceeds – will all net proceeds after costs be paid in<strong>to</strong><br />

the School services rendered account?<br />

If some <strong>of</strong> the proceeds are <strong>to</strong> flow <strong>to</strong> staff have<br />

proportions/rates been identified and agreed?<br />

√<br />

All categories <strong>of</strong> staff at level 4 and above may consult<br />

(subject <strong>to</strong> the condition laid out in this policy). Staff<br />

at level 3 and below may assist (only).<br />

Certain business sec<strong>to</strong>rs or types <strong>of</strong> clien t may be<br />

deemed <strong>to</strong> be worthy <strong>of</strong> special consideration and<br />

consent <strong>to</strong> consult denied if potential<br />

ly damaging or<br />

risky <strong>to</strong> the School or <strong>University</strong>.<br />

Some types <strong>of</strong> business present high risks – consult<br />

<strong>University</strong> insurance representative if in doubt.<br />

The determination <strong>of</strong> cos t should be in line with FEC.<br />

There may however be some variations depending on<br />

aspects such as location <strong>of</strong> work (on/<strong>of</strong>f-site) or<br />

r ecommendations from the EIPC . Please consult with<br />

your appropriate Finance representative.<br />

Disbursement falls within School finance policy and<br />

practice – check with local Finance representative.<br />

NB – existing practice is not intended <strong>to</strong> be changed by<br />

the implementation <strong>of</strong> this <strong>Consultancy</strong> policy.<br />

Step 3c – If Unit-based consulting<br />

This is assumed <strong>to</strong> be covered with normal operating practice<br />

within the Unit.<br />

√<br />

Step 3d – If UoSC Ltd based<br />

Eligibility – is the consultant eligible <strong>to</strong> work via the UoSC Ltd<br />

channel?<br />

Are additional requirements for any Research and teaching<br />

staff in the Education, Research and Enterprise (ERE)<br />

satisfied?<br />

Risk – does the nature <strong>of</strong> the work (with the proposed client)<br />

represent a risk or a field <strong>of</strong> work which is unacceptable <strong>to</strong> the<br />

HoS/DoPS or the <strong>University</strong>?<br />

If risk is possible, has appropriate advice been sought?<br />

Costs & FEC – have costs (or will costs) be determined in line<br />

with FEC C including those for both staff related and non-staff<br />

related expenditures.<br />

Net proceeds – all net proceeds after costs be paid defined<br />

beneficiaries – have they been defined (and<br />

amounts/proportions) and agreed?<br />

√<br />

All categories <strong>of</strong> staff at level 4 and above may consult<br />

(subject <strong>to</strong> the condition laid out in this policy). Staff<br />

at level 3 and below may assist (only).<br />

Certain business sec<strong>to</strong>rs or types <strong>of</strong> clien t may be<br />

deemed <strong>to</strong> be worthy <strong>of</strong> special consideration and<br />

consent <strong>to</strong> consult denied if potential<br />

ly damaging or<br />

risky <strong>to</strong> the School or <strong>University</strong>.<br />

Some types <strong>of</strong> business present high risks – consult<br />

<strong>University</strong> insurance representative if in doubt.<br />

The determination <strong>of</strong> cos t should be in line with FEC C .<br />

There may however be some variations depending on<br />

aspects such as on/<strong>of</strong>f-site or recommendations from<br />

the EIPC. Please consult with your appropriate Finance<br />

representative.<br />

The consultant can be assisted by UoSC Ltd <strong>to</strong> produce<br />

the cos t model for the assignmen t. This will enable<br />

net proceeds <strong>to</strong> be estimated.<br />

Step 4 – follow up<br />

If it is decided <strong>to</strong> proceed with the proposed<br />

consultancy, Consultants and the HoS/DoPS’s must ensure<br />

any follow up actions or commitments from the review are<br />

completed.<br />

√<br />

If Private consulting, a check should be made <strong>to</strong><br />

ensure the Private consulting disclaimer form has been<br />

received.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 21


Delegated authority<br />

How the HoS/DoPS’s conduct the review <strong>to</strong> deal with consent is a matter for them. It is recognised that a more complex<br />

policy and higher levels <strong>of</strong> compliance are likely <strong>to</strong> call upon more and more <strong>of</strong> their time. However they must exercise<br />

diligence in this responsibility and the following notes are provided as a suggestion on how this might be achieved.<br />

Good management<br />

In all large organisations there is pressure upon managers <strong>to</strong> take responsibility. Yet were they <strong>to</strong> make or supervise every<br />

single decision they would become hopelessly overloaded. The ability <strong>to</strong> delegate without loss <strong>of</strong> control or responsibility is<br />

therefore an important attribute. In the context <strong>of</strong> the deployment <strong>of</strong> this <strong>Consultancy</strong> <strong>Policy</strong> the following is <strong>of</strong>fered as a<br />

pragmatic suggestion on how the new policy may be implemented.<br />

Proposal:<br />

Each head <strong>of</strong> School (possibly working in conjunction with the school Enterprise Officer) devise a local and short/succinct<br />

<strong>Consultancy</strong> <strong>guide</strong> whereby the likely occurrences <strong>of</strong> consulting can be viewed under three headings:<br />

1. <strong>Consultancy</strong> which is unlikely <strong>to</strong> be supported or approved by the head <strong>of</strong> school. This is likely <strong>to</strong> cover areas <strong>of</strong><br />

known risk or areas <strong>of</strong> activity which might be deemed <strong>to</strong> be unsuitable. This would represent a “NO GO” area<br />

2. <strong>Consultancy</strong> which is likely <strong>to</strong> be acceptable but due <strong>to</strong> conditions or parameters (e.g. scope, scale, value,<br />

complexity) require the personal review and consent <strong>of</strong> the Head <strong>of</strong> School (e.g. any prospective assignment with<br />

fee value >£5000.<br />

3. <strong>Consultancy</strong> which is considered <strong>to</strong> be <strong>of</strong> a lower risk, scope and scale, and perhaps routine for the school, and<br />

where the consent can be delegated <strong>to</strong> someone <strong>to</strong> act on behalf <strong>of</strong> the Head <strong>of</strong> School, (e.g. head <strong>of</strong> department,<br />

school manager). This might cover 1 <strong>to</strong> 3 day short assignments or expert witness types <strong>of</strong> activity<br />

In addition, it may be useful <strong>to</strong> set out a view on the parameters or conditions which might influence which consulting<br />

channel might be appropriate (Private, School-based, Unit-based or via UoSC Ltd).<br />

Communication and implementation<br />

Once this is completed the <strong>guide</strong> could be communicated and shared within the school. Routine management meetings<br />

held within the school could then provide an opportunity <strong>to</strong> observe the throughput <strong>of</strong> consulting proposals and moni<strong>to</strong>r<br />

compliance <strong>to</strong> policy in a time-efficient manner.<br />

The <strong>Consultancy</strong> manger will be pleased <strong>to</strong> assist in the production <strong>of</strong> such <strong>guide</strong>lines. Contact<br />

robin.axford@cei.so<strong>to</strong>n.ac.uk.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 22


APPENDIX II – DISCLAIMER FOR PRIVATE CONSULTING<br />

Background:<br />

The <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n is a leading UK teaching and research institution with a global reputation for<br />

leading-edge research and scholarship. The <strong>University</strong> has around 20,000 students and nearly 5,000 staff. Its<br />

annual turnover is in the region <strong>of</strong> £270 million. Staff at the <strong>University</strong> consult <strong>to</strong> a wide range <strong>of</strong> clients in<br />

both private and public sec<strong>to</strong>rs on behalf <strong>of</strong> the <strong>University</strong>.<br />

In addition, and subject <strong>to</strong> the current consultancy policy, some members <strong>of</strong> staff are permitted <strong>to</strong> consult<br />

privately. In this case, those eligible staff engaged in private consulting are required <strong>to</strong> confirm that they make<br />

it clear <strong>to</strong> their clients that any arrangements entered in<strong>to</strong> are between them and their client are private and<br />

no responsibility or liability shall rest with the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n.<br />

Academic consultant s may find the above text useful when explaining <strong>to</strong> their clients the need for the Disclaimer form.<br />

The Requirement<br />

Academic staff are required <strong>to</strong> comply with the above condition. The disclaimer form below may be used by<br />

those academics involved in private consulting in order <strong>to</strong> comply with university policy.<br />

The use o f this form can usefully be discussed at/when the academic is seeking Head <strong>of</strong> School consent.<br />

Disclaimer<br />

Name <strong>of</strong> academic consultant:<br />

Title/position<br />

Project/assignment title:<br />

Client confirmation and details:<br />

I [ client name ______________________] <strong>of</strong> [ company if applicable ______________________________________] confirm<br />

that I/we understand that the arrangement entered in<strong>to</strong> between [ name <strong>of</strong> academic ___________________________]<br />

and myself/ourselves on this project/assignment are solely between me/us and that the <strong>University</strong> <strong>of</strong><br />

Southamp<strong>to</strong>n is not a party <strong>to</strong> the arrangement. Therefore I/we agree that no responsibility or liability shall<br />

rest with the <strong>University</strong> <strong>of</strong> Southamp<strong>to</strong>n in respect <strong>of</strong> this project/assignment.<br />

Signature<br />

Date<br />

Name<br />

Position/title<br />

Company Name<br />

Contact address<br />

Once complete, the academic consultan t must send the original completed disclaimer slip <strong>to</strong> the appropriate Head <strong>of</strong> School.<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 23


APPENDIX III – CONSULTING CHANNEL OPTION (SCHEMATIC)<br />

1) Academic staff in the Education, Research and Enterprise (ERE) job family<br />

Private consulting<br />

Private Client<br />

4) Staff at level 4 or above outside the ERE family<br />

Private consulting<br />

Private Client<br />

“Sub-contract”<br />

1<br />

“Sub-contract”<br />

“Sub-contract”<br />

1<br />

“Sub-contract”<br />

3 3<br />

School’s<br />

Consulting<br />

Unit’s<br />

Client<br />

School<br />

Unit<br />

Options<br />

Client<br />

2 2<br />

School-based<br />

Unit-based<br />

consulting<br />

2<br />

consulting<br />

Service-Co<br />

(UoSC Ltd)<br />

4<br />

Service-<br />

Company’s<br />

Client<br />

Service-Co<br />

consulting<br />

3 3<br />

School’s<br />

Consulting<br />

Unit’s<br />

Client<br />

School<br />

Unit<br />

Options<br />

Client<br />

2 2<br />

Service-<br />

Company’s<br />

Client<br />

School-based<br />

2<br />

consulting<br />

Service-Co<br />

(UoSC Ltd)<br />

4<br />

Service-<br />

Company’s<br />

Client<br />

Unit-based<br />

consulting<br />

Service-Co<br />

consulting<br />

1<br />

Staff member consults “privately” and make own commercial arrangements<br />

2<br />

Staff member consults as an employee and reward and remuneration is via UoS payroll<br />

2<br />

Staff member consults as an employee and reward and remuneration is via UoS payroll<br />

3<br />

The contract <strong>of</strong> work is between the <strong>University</strong> and the external client<br />

3<br />

The contract <strong>of</strong> work is between the <strong>University</strong> and the external client<br />

4<br />

The contract is between the service company (UoSC Ltd) and the external client<br />

4<br />

The contract is between the service company (UoSC Ltd) and the external client<br />

NB – approval required from Direc<strong>to</strong>r <strong>of</strong> Pr<strong>of</strong>essional Services<br />

2) Research and teaching staff in the Education, Research and Enterprise (ERE) job family<br />

Private consulting<br />

Private Client<br />

5) Staff at level 3 or below outside the ERE family<br />

Private consulting<br />

Private Client<br />

“Sub-contract”<br />

1<br />

“Sub-contract”<br />

“Sub-contract”<br />

1<br />

“Sub-contract”<br />

3 3<br />

School’s<br />

Consulting<br />

Unit’s<br />

Client<br />

School<br />

Unit<br />

Options<br />

Client<br />

2 2<br />

School-based<br />

Unit-based<br />

consulting<br />

2<br />

consulting<br />

3 3<br />

School’s<br />

Consulting<br />

Unit’s<br />

Client<br />

School<br />

Unit<br />

Options<br />

Client<br />

2 2<br />

School-based<br />

Unit-based<br />

consulting<br />

2<br />

consulting<br />

Service-Co<br />

(UoSC Ltd)<br />

4<br />

Service-<br />

Company’s<br />

Client<br />

Service-Co<br />

consulting<br />

5<br />

For staff at level 3 or<br />

below outside the ERE<br />

family, reward and<br />

remuneration may be<br />

given if the work is<br />

outside normal duties<br />

and/or hours <strong>of</strong> work.<br />

Service-Co<br />

(UoSC Ltd)<br />

4<br />

Service-<br />

Company’s<br />

Client<br />

Service-Co<br />

consulting<br />

2<br />

3<br />

4<br />

Staff member consults as an employee and reward and remuneration is via UoS payroll<br />

The contract <strong>of</strong> work is between the <strong>University</strong> and the external client<br />

The contract is between the service company (UoSC Ltd) and the external client<br />

3<br />

The contract <strong>of</strong> work is between the <strong>University</strong> and the external client<br />

4<br />

The contract is between the service company (UoSC Ltd) and the external client<br />

5 Staff member assist consulting activity as an employee – any reward and remuneration<br />

is via UoS payroll either as O/T or via staff achievement scheme.<br />

3) Enterprise staff in the ERE job family (including those employed in industrial or advisory units.)<br />

Private consulting<br />

Private Client<br />

“Sub-contract”<br />

1<br />

“Sub-contract”<br />

3 3<br />

School’s<br />

Consulting<br />

Unit’s<br />

Client<br />

School<br />

Unit<br />

Options<br />

Client<br />

2 2<br />

School-based<br />

Unit-based<br />

consulting<br />

2<br />

consulting<br />

Service-Co<br />

(UoSC Ltd)<br />

4<br />

Service-Co<br />

consulting<br />

2<br />

3<br />

Staff member consults as an employee and reward and remuneration is via UoS payroll<br />

The contract <strong>of</strong> work is between the <strong>University</strong> and the external client<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 24


APPENDIX IV – INTERIM DEVELOPMENT NOTES<br />

Background:<br />

The publication <strong>of</strong> this policy represents a forward step in consultancy and seeks <strong>to</strong> clarify much <strong>of</strong> what is already common<br />

practice and introduce a new channel aimed at new consulting activities.<br />

The longer-term plan is not yet fully developed. Until this becomes clearer it may be difficult (or even frustrating) for<br />

members <strong>of</strong> staff <strong>to</strong> see how they might engage in the consulting activity. The purpose <strong>of</strong> this appendix is <strong>to</strong> provide some<br />

interim guidance <strong>to</strong> both experienced and prospective consultant pending the development <strong>of</strong> a longer term plan.<br />

Experienced consultants:<br />

Those already established and involved in consulting, whether privately or through one <strong>of</strong> the university-based channels<br />

can broadly continue as before. With exception <strong>to</strong> changes affecting eligibility and some tightening <strong>of</strong> the rules governing<br />

Private consulting, there are no significant changes introduced by this consolidated policy. They may also consider<br />

exploring the use <strong>of</strong> the UoSC Ltd channel is they wish.<br />

New Prospective Consultant:<br />

For those with little or no consulting experience, or perhaps those with enterprise responsibilities seeking <strong>to</strong> encourage<br />

consulting within their school, help can be provided by the <strong>Consultancy</strong> Manager within CEI (see contact details below).<br />

Depending on what questions arise, help could be given <strong>to</strong> provide a deeper understand <strong>of</strong> the operation and potential<br />

benefits <strong>of</strong> UoSC Ltd. It might also be worth exploring some basic consulting models (e.g. skills, marketing, process) <strong>to</strong> see<br />

what might usefully inform next steps.<br />

Longer term plan – consultation<br />

In order <strong>to</strong> formulate a longer term plan <strong>to</strong> facilitate beneficial growth in consulting at UoS, consultation will need <strong>to</strong> take<br />

place <strong>to</strong> better understand the issues and opportunities. At this stage a number <strong>of</strong> questions arise (there will probably be<br />

more), and the reader is invited <strong>to</strong> consider these and provide comment.<br />

Here are some <strong>of</strong> the questions which need <strong>to</strong> be considered in the development <strong>of</strong> the longer term plan:<br />

• Clarity <strong>of</strong> mission – how should consultancy be pursued? The styles <strong>of</strong> consulting may vary from small<br />

opportunistic assignments through <strong>to</strong> the development <strong>of</strong> heavyweight consultancy units, some <strong>of</strong> which already<br />

exist (e.g. ISVR Consulting). The motive may also range from commercial consulting mainly for financial gain, or<br />

perhaps be pursued under the banner <strong>of</strong> “social enterprise”, where enterprise practices can explore ways <strong>to</strong><br />

create self-funding opportunities which are <strong>of</strong> social or environmental benefit.<br />

• Diversity <strong>of</strong> expertise – how <strong>to</strong> deal with this breath and complexity? Compared <strong>to</strong> a commercial consulting<br />

business, the range <strong>of</strong> expertise which might be available <strong>to</strong> potential clients by UoS is massive. In the context <strong>of</strong><br />

marketing and selling, how can this diversity be described in a way which enables UoS capabilities <strong>to</strong> reach and<br />

match clients’ needs? The go-<strong>to</strong>-market strategy will need consider and promote client engagement from the<br />

clients’ viewpoint (how can they find out what we do? ... and how can they find the right person <strong>to</strong> connect<br />

with?)<br />

• Longer term governance – how should this evolve? This policy document is mainly a consolidation <strong>of</strong> existing<br />

policy. If consultancy activities increase the potential <strong>to</strong> conflict with other <strong>University</strong> priorities will increase.<br />

Changes in management practice and clearer priority setting may be needed <strong>to</strong> strike the right balance on the<br />

allocation <strong>of</strong> resources, costs and investment decisions.<br />

If you wish <strong>to</strong> convey some thoughts on this matter please email the UoS <strong>Consultancy</strong> Manager –<br />

robin.axford@cei.so<strong>to</strong>n.ac.uk<br />

<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 25


<strong>Full</strong> <strong>guide</strong> <strong>to</strong> <strong>Consultancy</strong> <strong>Policy</strong> <strong>May</strong> <strong>2006</strong> <strong>Page</strong> 26

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!